Per GUPTA HEMANT, J.: - The appellant, a mortgagee, filed a suit for declaration to the I effect that they have become owners of the t agricultural land measuring 13 Kanals 6 Marlas by prescription. The case set up was that one Ami Chand son of Devi Singh mort- gaged with possession agricultural land measuring 14 Bighas for a sum of Rs. 80/- with Hardhan Singh son of Jit Ram on 11.8.1903. During consolidation operations, the land measuring 13 Kanals 6 Marias was allotted in lieu of the original mortgaged land. The plaintiff claims to be in continuous possession of the suit land as mortgagees, whereas Munshi I am, predecessor-in-interest of defendants, was recorded as mortgagor. The mortgagees sought the declaration on the ground that the suit land has not been t got redeemed during the period of more than 60 years and, therefore, the defendants have t lost all right, title and interest in it. Though 1 the defendant denied the factum of mortgage, c but the trial Court returned a finding that it t was a ease of usufructuary mortgage and no c period for payment of mortgage amount was I fixed. It was observed that it is not the case of the plaintiff that they had made a demand for mort

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